Of all the serious personal injuries an individual can suffer, a brain injury is often considered the most severe because the brain is the control center of the body — it is where our thoughts and feelings originate. When the brain is damaged, we may not only lose sensory or motor abilities; we may lose our cognitive abilities, essentially meaning we lose ourselves.
If you of a loved one suffers a brain injury in Hawaii as a result of someone else’s negligence, recklessness or malice, Cummings Law is here to provide the forceful legal representation you need. Our lead attorney, Brian Cummings, has outstanding credentials and a track record of success. During his years in practice, he has won tens of millions of dollars in damages for his grateful clients and is eager to help you receive a just settlement. Whether you have suffered your brain injury as a result of a car accident, medical malpractice, a construction accident, or a case of premises liability, Brian will assist you with his keen legal skills and always offer you compassion and respect.
Damages You May Be Entitled To
As long as our legal team can prove that another person or entity (such as a company or government agency) has caused your brain injury by reckless driving, poor property maintenance, or medical malpractice, you are entitled to compensation for the following:
- Economic damages for out-of-pocket medical and rehabilitative expenses, lost income (present and future), damaged property, and home, nursing, and/or childcare
- Non-economic damages for losses hard to assign a monetary value, such as permanent disability, disfigurement, loss of a sensory or motor skill, pain and suffering
In cases where the defendant has demonstrated extreme recklessness or intent to harm, we may also be able to win you punitive losses.
Causes of Brain Injuries
Though protected by the skull, the brain is still vulnerable to serious injuries due to:
- Vehicular accidents
- Medical malpractice
- Medication errors
- Physical assaults
- Sports-related injuries
- Shaken-baby syndrome (which can also occur in adults)
- Falling debris
Depending on the circumstances, Cummings Law may be able to sue the driver of the vehicle responsible for the collision that caused you harm, the owner of the building from which debris fell on you, the party who assaulted you (whether or not that person is legally convicted of a crime), the manufacturer of defective brakes or a defective football helmet, or the doctor who administered too much anesthesia to you during surgery.
Types of Traumatic Brain Injuries
Both the type of traumatic brain injury (TBI) and the part of the brain impacted will determine the kind of injury that will result and its severity. Some types of brain injury are: concussions, in which the brain hits the skull, hematomas (clotting of blood vessels), hemorrhage, edema (swelling) or hypoxia (when the brain receives insufficient oxygen). Depending on the precise nature of your injury, you may suffer one or more of the following:
- Headaches, nausea, vomiting
- Lightheadedness, seizures
- Cognitive impairment
- Psychiatric impairment
- Loss of sight or hearing
- Sleep difficulties
The type and severity of a TBI may interfere with your walking, speech, ability to attend to personal hygiene, ability to remember or to think clearly. Worst case scenarios include remaining in a vegetative state or dying a wrongful death. Any TBI will likely require long-term rehabilitative treatment or long-term nursing care, either of which can be exorbitant. This is why it is essential for you to come to Cummings Law. We have the tactical strength and the resources to see you through this challenging time and are prepared to fight aggressively for your cause.
In cases in which you have suffered the tragedy of the wrongful death of a loved one, we will work hard to ensure that all medical, funeral/memorial costs are paid and that you receive substantial damages to cover the projected future wages of the deceased if he or she was a wage earner and damages for that lost relationship.
Understanding Modified Comparative Negligence and “No-Fault”
States have different ways of dealing with accidents in which each party may be partly responsible for the injuries incurred. It is important to take note of the principles followed in Hawaii: “modified comparative negligence” and “no-fault.”
According to the rules of comparative negligence, the court assigns each person a percentage of fault. For example, if you were driving while impaired, but the driver who hit you barrelled through a red light, the court might decide that you were 25 percent responsible for the accident. If the court then awards you $1,000,000 in damages, you will receive only $750,000 — your original award minus 25 percent. “Modified” in this context means that if you are found to be 51 percent or more at fault for the accident, you will be unable to receive any damages at all. Fortunately, with a savvy brain injury attorney at your side, you stand to win the highest possible damages. Brian Cummings has the tactical legal knowledge and the investigative, negotiation and litigation prowess to win the fight.
“No-Fault” Auto Insurance
“No-fault” insurance means that, regardless of which party is to blame for a traffic accident injury, you must put in a claim to your own insurance company first. No-fault insurance is also known as personal injury insurance or PIP, which everyone in Texas is required to carry. If you have a serious brain injury, your costs will undoubtedly pass the $5,000 requisite limit so that we can go on to sue the defendant and his/her insurance for the remainder of your expenses.
Contact Our Honolulu Brain Injury Attorney
Brain injuries are terrifying and life-altering whether you are the victim or a loved one. In almost all cases, victims of brain injuries are not only unable to work, but may need assistance in performing everyday chores and even self-care. They will require intensive physical, psychological and occupational therapy and may be unable to interact with family members as they did previously.
At Cummings Law, we understand how completely your brain injury has turned your world upside down. We know how confused and overwhelmed you feel and we want to help you re-establish your old familiar life or create a new, meaningful one, We are laser-focused on protecting you at your most vulnerable and getting you the resources you need to make you whole. Contact us for a free consultation and remember: we will charge you no fees until we win you the damages you deserve.